Land Use & Air Quality Committee

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Mildred Harmon
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1 Land Use & Air Quality Committee Item # Information February 24, 2012 Federal Flood Policy Issues Issue: A lack of funding and several regulatory and legislative issues at the federal level related to flood protection. Recommendation: None, this item is for information only. Discussion: At the February board meeting, several board members discussed both the need for federal funding as well as challenges related to current and proposed federal flood control policies. Staff is talking with flood control agencies in the region as well as SACOG s federal advocate, Mike Miller with The Ferguson Group, about these issues. Below is an overview of some of the current issues. Staff will present additional information at the committee meeting. National Flood Insurance Program (NFIP) Congress recessed last year without taking action on a comprehensive reauthorization of the National Flood Insurance Program (NFIP). They did pass a continuing resolution that extends the existing program through May 31, The House of Representatives passed a comprehensive reauthorization of the program in July 2011 (H.R. 1309). The Senate Banking, Housing and Urban Affairs Committee also passed a bill, S. 1940, but the bill has not yet been considered by the full Senate. One item in the Senate bill that has generated particular controversy is a provision that would require homeowners and businesses to purchase federal flood insurance despite being protected by certified flood control infrastructure (Special Flood Hazard Areas or SFHA). In the House, Congressman John Garamendi, who represents the southernmost portion of Sacramento County and portions of several Bay Area counties, introduced legislation (H.R. 4020) intended to exempt agricultural structures in specific flood zones from NFIP. Congressman Lungren is cosponsoring this bill. Agricultural Floodplain Management Alliance A coalition of northern California counties (including SACOG members Sacramento, Sutter, Yolo and Yuba) has formed the Agricultural Floodplain Management Alliance. They are planning to release a white paper on issues similar to those that H.R seeks to address. The Ferguson Group is supporting this alliance, but SACOG and federal advocate Mike Miller are not involved. Water Resources Development Act (WRDA) As with the transportation authorization bill, many Members of Congress are interested in moving forward with a water authorization bill (WRDA) this year, but chances of passage are difficult due to the earmark moratorium. There is some interest in using WRDA to enact at least some recommendations included in the National Commission on Levee Safety s report to Congress. A status report on the recommendations is attached. Approved by: Mike McKeever Chief Executive Officer MM:EJ:sb Attachment Key Staff: Kirk Trost, Chief Operating Officer/General Counsel, (916) Rebecca Sloan, Director of External Affairs & Member Services, (916) Erik Johnson, Government & Media Affairs Coordinator, (916)

Status of the Recommendations for a National Levee Safety Program Overview & Context The National Committee on Levee Safety (NCLS) issued Recommendations for a National Levee Safety Program: A Report

In their Report to Congress, this diverse group of professionals from federal, state, local/regional governments, and the private sector outlined the critical components of a National Levee Safety

2 Status of the Recommendations for a National Levee Safety Program Overview & Context The National Committee on Levee Safety (NCLS) issued Recommendations for a National Levee Safety Program: A Report to Congress from the National Committee on Levee Safety on January 15, In their Report to Congress, this diverse group of professionals from federal, state, local/regional governments, and the private sector outlined the critical components of a National Levee Safety Program and a high-level time frame and steps for its creation. Since completing the Report to Congress, the members of the NCLS have been working to further refine their recommendations, better understand the opportunities and challenges associated with the implementation of a National Levee Safety Program, and gather additional stakeholder feedback. Ultimately, progress on the NCLS recommendations hinges on the creation of a National Levee Safety Program and the authorities necessary to implement a program fostering national leadership, strong state levee safety programs, and aligned federal programs and processes. This summary of the status of the recommendations for a National Levee Safety Program includes actions by the U.S. Army Corps of Engineers (USACE) and Federal Emergency Management Agency (FEMA) that advance certain elements of NCLS recommendations, and notes where the activities of the NCLS have contributed refinements to the recommendations, improved understanding of challenges, and better articulated recommendation rationales. The National Committee on Levee Safety Congress created the National Committee on Levee Safety to develop recommendations for a national levee safety program, including a strategic plan for implementation of the program. The NCLS adopted the vision of an involved public and reliable levee systems working as part of an integrated approach to protect people and property from floods, and has been working toward this goal since October The NCLS recommendations for a National Levee Safety Program are based on three central concepts: Leadership via a National Levee Safety Commission that provides for participating state levee programs, national technical standards, risk communication, and coordination of environmental and safety concerns; Strong levee safety programs in and within all states that, in turn, provide oversight and critical levee safety processes; and A foundation of well-aligned federal agency programs and processes. For more information on the NCLS and its recommendations for a National Levee Safety Program, please visit:

3 Status of the Recommendations for a National Levee Safety Program Status of the Recommendations for a National Levee Safety Program Recommendations that Support Development of Comprehensive and Consistent National Leadership Establish a National Levee Safety Commission (Recommendation 1) Expand and Maintain the National Levee Database (Recommendation 2) Adopt a Hazard Potential Classification System (Recommendation 3) Develop and Adopt National Levee Safety Standards (Recommendation 4) Establishment of a National Levee Safety Commission will require Congressional action. Nonfederal members of the NCLS delivered to Congress a proposed legislative framework outlining recommendations in the Report to Congress that require legislation (February 2010). Copies of this legislative framework and an alternative that would create the National Levee Safety Program within USACE via a Water Resources Development Act (WRDA) are available on the NCLS website, USACE is working with the Administration to develop a WRDA proposal that would implement some recommendations for a National Levee Safety Program. NCLS is conducting research to explore best practices related to governance of a National Levee Safety Program. Authority and appropriation for USACE to conduct a one-time, federally-funded inventory and assessment of all levees in the United States would require Congressional action. USACE continues to populate the National Levee Database with data about the location and condition of the levees participating in its programs, approximately 2,000 levee systems, or 14,000 miles of levees. USACE and the Federal Emergency Management Agency (FEMA) are coordinating the full integration of FEMA s Mid-Term Levee Database and the National Levee Database. USACE rollout of National Levee Database for federal agencies is underway (Summer 2011). Nonfederal rollout will be Fall 2011 to incorporate information voluntarily provided by state and local governments into the National Levee Database, as authorized in the Water Resources Development Act of 2007 (33 USC SEC 9004). National Levee Database Steering Committee is operational, with participation of members from the National Committee on Levee Safety. The NCLS has recommended a recognized standards developing organization, such as the International Code Council, be funded to develop national levee safety guidelines and standards via a consensus-based stakeholder process. NCLS members are participating with USACE and other countries in the development of an international levee handbook as a mechanism to increase understanding and develop foundational concepts and approaches for the anticipated eventual development of national levee safety standards, a hazard potential classification system, and other technical aspects recommended for a National Levee Safety Program. USACE is developing a Levee Safety Action Classification system to prioritize activities and funding for the levees in its portfolio. A standard Hazard Potential Classification System applied to all levees will assist communities, states, and the federal government in identifying and prioritizing hazard in leveed areas. July

4 Status on the Recommendations for a National Levee Safety Program Develop Tolerable Risk Guidelines (Recommendation 5) Change Certification to Compliance Determination for Accreditation in the National Flood Insurance Program (Recommendation 6) Require Independent Peer Review of Levee Accreditation Determinations for the NFIP (Recommendation 7) Swiftly Address Emerging Levee Liability Issues (Recommendation 8) Develop and Implement a Public Involvement and Education/Awareness Campaign (Recommendation 9) The establishment of national tolerable risk guidelines would be conducted by the National Levee Safety Commission after its creation by Congress. NCLS members are participating in a USACE-led effort to explore the development and application of tolerable risk guidelines for USACE operated and maintained levees. TRG Workshop Report has been published. USACE has adopted the term levee system evaluation for the National Flood Insurance Program (NFIP) to replace certification to describe the evaluation of levees for accreditation in the NFIP. FEMA continues to clarify its communications with stakeholders to reinforce that certification refers only to the certification of the data being submitted as part of the NFIP accreditation package, and that no warrantee or guarantee of the levee s condition is made or implied. FEMA is investigating the cost and workload impact of requiring independent technical review of packages submitted for accreditation in the NFIP, including consideration of who would be responsible for the review (e.g., the levee owner/operator submitting the accreditation package or FEMA). The NCLS has recommended that Congress require the National Levee Safety Commission, once established, to submit a report to Congress with recommendations to identify and address legal liability associated with levee engineering work that prevents levee owners from being able to obtain needed levee engineering services, or that prevents development and implementation of a nonfederal levee safety program The NCLS is investigating options for research in collaboration with stakeholders to identify the current state of the law as it applies to liability in a variety of contexts in the public and private sectors, as well as explore the public policy implications of various measures to manage liability for state and local levee management programs. The recommended National Public Involvement and Education Plan would be created and executed by the National Levee Safety Commission after its creation by Congress. NCLS members are implementing a Communication and Stakeholder Involvement Plan to inform and involve stakeholders concerned with, and impacted by, levee safety issues of the recommendations for a National Levee Safety Program. NCLS has established a quarterly newsletter, Levee Safety Connections, available on its website ( and to nearly 500 subscribers to the NCLS electronic mailing list. NCLS has developed and distributed 17 Issue Papers to more than 600 attendees at 9 regional workshops and others via their website. More than 2000 copies of the Recommendations for a National Levee Safety Program Report to Congress have been distributed since January NCLS website, has been redesigned and will be launched in August NCLS members have made presentations about the recommendations for a National Levee Safety Program to more than 30 national and regional organizations engaged in levee safety issues, annual meetings, etc. July

5 Status of the Recommendations for a National Levee Safety Program Provide Technical Materials and Technical Assistance (Recommendation 10) Full implementation of these recommendations will follow development of national levee safety standards and program guidelines as developed by the National Levee Safety Program, once created by Congress. Develop a National Levee Safety Training Program (Recommendation 11) Harmonize Safety and Environmental Concerns (Recommendation 12) Conduct a Research and Development Program (Recommendation 13) NCLS has recommended a Standing Committee on Environment and Safety as part of the overall governance of the National Levee Safety Program, once established, to continue ongoing dialogue related to environmental concerns and levee safety. NCLS is working through stakeholder efforts to better understand and frame environmental concerns and issues as they relate to endangered species, environmental permitting, ecological valuation, and other topics, as well as exploring factors contributing to successful collaboration around environmental concerns and levee safety. A federally funded research and development program under the auspices of the National Levee Safety Program would follow establishment of the National Levee Safety Program, as well as Congressional appropriations for implementation. In the meantime, the NCLS encourages ongoing efforts to advance levee safety research and development. Recommendations to Support the Building and Sustaining Levee Safety Programs in All States Design and Engage State Levee Safety Programs (Recommendation 14) Establish a Levee Safety Grant Program (Recommendation 15) Establish the National Levee Rehabilitation, Improvement, and Flood Mitigation Fund (Recommendation 16) The creation of a model state levee safety program would follow the establishment of the National Levee Safety Program, as well as Congressional authorization and appropriation of funding to implement. The recommended Levee Safety Grant Program is a critical incentive for states to develop voluntary state levee safety programs, providing funding for levee safety activities and capacity building. The NCLS encourages and supports those states that already have, or are developing, levee safety programs. NCLS, as part of its Communication and Stakeholder Involvement Plan, will reach out to states to discuss their needs, concerns, and ideas in order to incorporate them back into program design for eventual use by Congress and the National Levee Safety Commission. The recommended National Levee Rehabilitation, Improvement, and Flood Mitigation Fund would follow the establishment of the National Levee Safety Program and the inventory and assessment of the nations levees. Information about the location and condition of the nation s levees and their hazard potential would prioritize the funding and activities of the Fund. Congressional authorization and appropriations for implementation will be required. NCLS will explore, through a literature review, options for the Fund structure and alternative approaches to a cost-shared fund commonly administered by USACE (e.g., the proposed national infrastructure bank, low or no-interest loans, bonding alternatives, public-private partnerships, etc.). July

6 Status on the Recommendations for a National Levee Safety Program Recommendations to Support the Aligning of Existing Federal Programs Explore Potential Incentives and Disincentives for Good Levee Behavior (Recommendation 17) Require Purchase of Risk-Based Flood Insurance in Leveed Areas (Recommendation 18) Augment FEMA s Mapping Program (Recommendation 19) Align FEMA s Community Rating System to Reward Safety Programs that Exceed Requirements (Recommendation 20) The NCLS continues to reach out to federal agencies and work with the Federal Interagency Floodplain Management Task Force to identify the programs and policies that encourage reduced risk associated with levees. Requiring the purchase of flood insurance and making the premiums risk-based would require new legislation or major rulemaking by FEMA. The NCLS continues to explain the rationale for its recommendation, gather feedback, and share information with FEMA during the NFIP Reform process. NCLS has requested FEMA develop a resource estimate for fulfilling the recommendation to display information of consequence zones on existing maps and/or updated flood insurance rate maps. Creating XL and AL zones, as recommended by the NCLS, will require a significant mapping effort by FEMA as well as changes to NFIP regulations. FEMA will work through its Community Rating System (CRS) Committee to consider adjustments to the CRS rating system and CRS Coordinator s Manual once the National Levee Safety Program is established and requirements are finalized. July

National Committee on Levee Safety Stakeholder Involvement Past and Future

National Committee on Levee Safety Overview The purpose of this paper is to describe the stakeholder involvement process that the National Committee on Levee Safety (NCLS) has undertaken to date to seek